Amending Legislation: Types and Hierarchy

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Under what circumstances may courts modify the initial meaning of legislative text during interpretation?

In exceptional circumstances to ensure it reflects the purpose and object of the legislation.

What is the difference between repeal and invalidation of legislation?

Repeal is the removal of law from the statute book while invalidation is the declaration of legislation as legally unacceptable, where the law remains on the statute book but cannot be applied.

What are the grounds on which courts can invalidate legislation?

Constitutional grounds and non-compliance with administrative law requirements.

Which section of the Constitution outlines the process for declaring legislation unconstitutional?

Section 172. Signup and view all the answers

What is the next step if the High Court or SCA declares legislation unconstitutional?

It must be confirmed by the Constitutional Court, unless it is local government or subordinate legislation. Signup and view all the answers

What is the effect of a declaration of unconstitutionality by the High Court or SCA?

The legislation has no force until confirmed by the Constitutional Court. Signup and view all the answers

What happens to delegated legislation if it does not comply with the requirements of administrative law?

It can be invalidated by a court. Signup and view all the answers

What is the purpose of providing a transitional period when repealing an Act?

To prevent a legislative short circuit and ensure there is a law to govern the situation. Signup and view all the answers

What happens to a repealed law under Section 11 of the Interpretations Act?

The repealed law remains in force until the substituted provisions come into operation. Signup and view all the answers

What is repeal in the context of legislation?

The revocation of legislation by the relevant competent lawmaker. Signup and view all the answers

What happens to a repealed law if there is no express transitional period?

The repealed law remains in force until the substituted provisions come into operation. Signup and view all the answers

What is the difference between repeal and substitution of legislation?

Repeal is the deletion of a law, while substitution is the replacement of one law with another. Signup and view all the answers

How can a Parliamentary Act be amended?

With another Parliamentary Act Signup and view all the answers

What type of amending legislation involves explaining the original wording without changing it?

Non-Textual (indirect) amendment Signup and view all the answers

What is the primary function of the court in relation to legislation?

Application of Law Signup and view all the answers

What may happen if a court rules that legislation is unconstitutional?

A vacuum may be created Signup and view all the answers

What is the purpose of the court's law-making function?

To develop common law in line with modern day Signup and view all the answers

What is informal judicial amendment?

Modification of legislation through interpretation by the courts Signup and view all the answers

What is the sound rule to construe a statute?

in conformity with the common law rather than against it Signup and view all the answers

What is the presumption when legislation does not explicitly alter the common law?

that legislation does not alter the common law Signup and view all the answers

What is required to rebut the presumption that legislation does not alter the common law?

legislation that clearly provides that the common law is being altered Signup and view all the answers

What should be attempted when interpreting earlier and subsequent legislation?

to read them together in an effort to reconcile them Signup and view all the answers

What should be preferred when two provisions are capable of a sensible interpretation?

the interpretation that reconciles the apparent contradiction Signup and view all the answers

What happens if reconciliation is impossible between two provisions?

the latter provision prevails, resulting in the amendment or repeal of the earlier one Signup and view all the answers

What is the condition for legislative repeal by implication to be accepted by the court?

The subsequent legislation must manifestly contradict the earlier legislation. Signup and view all the answers

What is the principle that states a provision in a subsequent general Act does not repeal an earlier specific provision?

Generalia specialibus non derogant. Signup and view all the answers

What is the requirement for the objects of two conflicting provisions to be considered in pari materia?

The objects of the two provisions must be essentially the same. Signup and view all the answers

What is the relevance of the judgement in Entabeni to the case of First National Bank of SA v Puckriah?

It is reflected in the judgement. Signup and view all the answers

What is the implication of a general provision in a subsequent Act on an earlier specific provision?

It is presumed not to repeal the earlier specific provision. Signup and view all the answers